California 2021-2022 Regular Session Status: In Committee 1 R cosponsors

AB 820 — Corporation Tax Law: banks and financial corporations: exclusions: interest income.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The Corporation Tax Law imposes on every bank and specified financial corporations doing business in the state a tax according to or measured by net income, as provided. That law defines net income as gross income, computed as provided, less allowable deductions. That law also provides various exclusions from gross income. Under that law, when the income of a taxpayer subject to a tax under the Corporation Tax Law is derived from or attributable to sources both within and without the state, the tax is required to be measured by the net income derived from or attributable to sources within the state in accordance with specified procedures. Under that law, in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, which includes savings and loan activities and banking or financial business activities, business income is apportioned in accordance with a 3-factor formula. Under the 3-factor formula, the specified apportioning trade or business is required to multiply business income by a fraction, the numerator of which is the property factor plus the payroll factor plus the sales factor, and the denominator of which is 3. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would require, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, a qualified taxpayer that apportions its business income under the 3-factor formula described above to exclude the amount of qualified interest income from its calculation of the sales factor under the 3-factor formula. The bill would define a qualified taxpayer as a bank or financial corporation, as defined, that generates business income that is derived from or attributable to sources within and without this state and that is determined pursuant to the 3-factor formula. The bill would define qualified interest income as interest income that a qualified taxpayer generates on a qualified loan, as defined, during the taxable year and that would be subject to apportionment under the 3-factor formula but for the application of the bill's provisions. This bill would also provide that, for taxable years beginning on or after January 1, 2022, gross income does not include the amount of qualified interest income, which is defined as interest income that a qualified taxpayer generates on a qualified loan during the taxable year, generated by the qualified taxpayer. The bill would define a qualified taxpayer for this purpose as a bank or financial corporation that generates business income that is solely derived from or attributable to sources within this state. This bill would provide findings to comply with the additional information requirement for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Held under submission.

  4. Re-referred to Com. on APPR.

  5. Read second time and amended.

  6. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (January 10).

  7. Re-referred to Com. on REV. & TAX.

  8. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

  9. Re-referred to Com. on REV. & TAX.

  10. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

  11. Referred to Com. on REV. & TAX.

  12. From printer. May be heard in committee March 19.

  13. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Cooley

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4102
Democratic 3000
Republican 1000
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Burke — Yea
Levine — Yea
Mullin — Yea
Quirk — Nay
Mayes — Not Voting
Gray — Not Voting
Luz Rivas — Yea
Grayson, Timothy S. Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Seyarto, Kelly Republican Yea

Official roll call →

Subjects

taxation finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 820 do?
The Corporation Tax Law imposes on every bank and specified financial corporations doing business in the state a tax according to or measured by net income, as provided. That law defines net income as gross income, computed as provided, less allowable deductions. That law also provides various exclusions from gross income. Under that law, when the income of a taxpayer subject to a tax under the Corporation Tax Law is derived from or attributable to sources both within and without the state, the tax is required to be measured by the net income derived from or attributable to sources within the state in accordance with specified procedures. Under that law, in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, which includes savings and loan activities and banking or financial business activities, business income is apportioned in accordance with a 3-factor formula. Under the 3-factor formula, the specified apportioning trade or business is required to multiply business income by a fraction, the numerator of which is the property factor plus the payroll factor plus the sales factor, and the denominator of which is 3. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would require, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, a qualified taxpayer that apportions its business income under the 3-factor formula described above to exclude the amount of qualified interest income from its calculation of the sales factor under the 3-factor formula. The bill would define a qualified taxpayer as a bank or financial corporation, as defined, that generates business income that is derived from or attributable to sources within and without this state and that is determined pursuant to the 3-factor formula. The bill would define qualified interest income as interest income that a qualified taxpayer generates on a qualified loan, as defined, during the taxable year and that would be subject to apportionment under the 3-factor formula but for the application of the bill's provisions. This bill would also provide that, for taxable years beginning on or after January 1, 2022, gross income does not include the amount of qualified interest income, which is defined as interest income that a qualified taxpayer generates on a qualified loan during the taxable year, generated by the qualified taxpayer. The bill would define a qualified taxpayer for this purpose as a bank or financial corporation that generates business income that is solely derived from or attributable to sources within this state. This bill would provide findings to comply with the additional information requirement for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Who sponsors AB 820?
AB 820 is sponsored by Cooley, Gallagher, James (Republican), and Kiley.
What is the current status of AB 820?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 820?
Track AB 820 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 820

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 820

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →